After the Court’s decision yesterday, I think there’s an argument from necessity for Biden seizing Trump and trying him by military tribunal, given the sudden unavailability of Article III courts. Plus, itʼs just the sort of thing they’ve authorized an active and energetic chief executive to do.
There's an even better argument for Biden ordering the extraordinary rendition of several supreme court justices to undisclosed locations. The remaining three justices declare 28 USC 1 (requiring six-justice quorum) unconstitutional and overturn Dobbs, etc.
The difficult part there would be getting the liberal justices to play along.
Unlike Trump, a large portion of Biden's coalition supports him in order to preserve democracy and the rule of law. If he starts acting like a dictator it threatens to demolish that coalition.
You're right. Biden could also or alternatively order the extraordinary rendition of about 12-18 republican congresspersons, so there's congressional majorities for amending the federal Judiciary Act.
You got the same problem there, it's possible a significant number of Democrat congress people revolt.
This is a situation that would be difficult even for a canny political operator, Biden is completely out of his depth.
Maybe. But people are clueing in that there is no rule of law to return to. SCOTUS anointed Biden king on the calculation that he will refuse the powers they mean for Trump. As a simple matter of survival the Democratic caucus needs to understand the new abnormal.
